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9:45 PM 12/17/2018 | Opinion Sidney Powell | Former Federal Prosecutor
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Countless people, including a former federal prosecutor, seem oblivious to one of the greatest abuses, outrages, and tragedies of our criminal justice system: innocent people are forced to plead guilty every day.
Indeed, the Innocence Project alone has exonerated 31 people who spent a combined 150 years in prison on guilty pleas. That is only the tip of the proverbial iceberg.
This horrific injustice is solely attributable to the unchecked power of prosecutors who now function as prosecutor, judge, jury, and executioner. They have unfettered discretion, no supervision, no limits, and most federal judges defer to them at every turn.
There are two judges who I know do not simply defer. One is Judge Emmet G. Sullivan, the judicial hero of my book who will preside tomorrow over the proceedings against Lt. Gen. Michael Flynn.
The second is federal judge Jed Rakoff who wrote an article several years ago entitled Why the Innocent Plead Guilty. As Judge Rakoff wrote: “[I]t is the prosecutor, not the judge, who effectively exercises the sentencing power, albeit cloaked as a charging decision.”
General Flynn is the quintessential example of why the innocent plead guilty.
General Flynn knew the FBI had a complete recording of the conversation about which they came to question him. Comey deliberately and oh-so-cleverly dispatched the agents in an ambush interview against all protocols to set him up in their efforts to destroy Donald Trump. In addition, it appears Mueller has suppressed significant evidence exonerating Flynn and destroyed other evidence, as I have written.
Yes, Flynn entered a guilty plea. But like many others, including a disproportionate number of young minority men who have no resources whatsoever, that does not mean that he did anything wrong. All it means is that he — like so many others — saw no other way out.
When the full might and weight of the federal government — especially the immeasurable hubris and endless funding of the “special prosecutor” and his relentless armored team are brought to bear against an individual — there is no choice.
The beating you take with a guilty plea is less than the beating you take if you — like Paul Manafort — dare to fight, find yourself in the literal torture of solitary confinement, and have your friends, family, and business associates harassed, threatened, and indicted. Prosecutions in Mueller’s and Weissmann’s prior inquisitions have extended 10 years. Several defendants pleaded guilty upon threat of facing their third trial.
Michael Flynn had to sell his house, has insurmountable legal fees, was undoubtedly threatened with life in prison, and a prolonged trial on a massive multi-count indictment that would, if nothing else, tarnish his reputation forever.
Like many of my clients, I’m sure they threatened to indict other members of his family. One of Weissmann’s favorite tactics is to threaten to indict the target’s wife and children. He sent Andrew Fastow’s wife to prison on tax charges. They had two small children. Fastow decided to “compose.”
Weissmann is so adept at this practice he has coerced people into pleading guilty to things that were not crimes. Two defendants in my book had to be allowed to withdraw their guilty pleas — one even after he had testified for the government in the Arthur Andersen trial.
Of course, the Andersen case was reversed by the Supreme Court nine to nothing. Weissmann and Leslie Caldwell — the Bush Department of Justice — destroyed Andersen and 85,000 jobs for nothing.
Can you even imagine what you would do if you had been a law-abiding good citizen all your life, suddenly found yourself the target of a “special counsel” investigation, threatened with life in prison, threatened with the indictment of your children, your business associates, saw your savings completely drained, had to start a go-fund me account, and be interrogated for hour after hour by people dying to trap you and send you to prison?
Those who have not endured a criminal prosecution, or been close to someone who has, cannot begin to imagine the toll it takes on everyone involved — the entire family. The stress is incomprehensible. Right reason reasons wrong. The world is upside down. It’s the Twilight Zone.
Prosecutors send innocent people to prison every day — whether by guilty plea or wrongful conviction. Prosecutors withhold evidence of innocence, they destroy evidence, and they have absolute immunity. This must change now.
For the doubters out there, and there are many, please educate yourselves. Here’s the truth. Between the willingness of Congress to turn almost everything into a federal crime, and the ability of federal prosecutors to stretch those statutes beyond imagination, there is no one in this country who could not be indicted were a prosecutor like Robert Mueller or Andrew Weissmann to scour their life’s records.
It happened to Ted Stevens. It happens to people the Innocence Project exonerates. The national registry of exonerations is full of names. It is happening in front of our eyes.
There are innocent people in our prisons right now — many on guilty pleas. Selective political persecutions with concocted crimes against people who have been targeted is contrary to everything the Department of Justice is supposed to represent. It is imperative that we not send another one.
Sidney Powell (@SidneyPowell1), a former federal prosecutor and veteran of 500 federal appeals, is the author of “LICENSED TO LIE: Exposing Corruption in the Department of Justice.” She is a senior fellow at the London Center for Policy Research."
Three Reasons PutZ, as stated, his son, he's broke and Mueller would come back at him and by being broke he could not defend himself... this has been explained to you multiple times, either you ignore what is said or you are so partisan as a liberal you just dont care.. or lets not forget stupid either............ Mueller is a Dirty Cop !!
Just trying to keep up;)
Because of his own volition, Flynn pleaded guilty and has taken ownership of his lies to the FBI.
End of story.
“He’s correct, and I have no response to refute anything he said”
You’re welcome Jeffrey.
Did he agree that he did it without duress?
Did he agree to cooperate w Mueller?
Which one of those is the lie ,oh speaker of truths!
And remind us how you’ve never told a lie too!
And Jeffrey, how do we know that You don’t lie on here? Taking your word for it? OK.
"More than a year after Department of Justice Inspector General Michael Horowitz ripped the lid off the growing Spygate scandal in December 2017, The Hill’s John Solomon continues to be one of the only reporters digging into it and finding new revelations.
While mainstream media outlets such as McClatchy spent the last week desperately trying to rehabilitate both Christopher Steele and his bogus Trump dossier, Solomon scooped them all again by finding a source that verified to him that Lt. Gen. Michael Flynn was actually working in coordination with the Defense Intelligence Agency (DIA) when he took a trip to Russia in December 2015.
In a column that I wrote the day after Flynn’s Dec. 17, 2018, sentencing hearing, I discussed that on Aug. 25, 2017, Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) wrote a letter to both Secretary of Defense Gen. Jim Mattis and DIA Director Lt. Gen. Vince Stewart.
In that letter, Grassley talked about a classified briefing his committee had received from DIA personnel on May 25, 2017, where he and the other members learned something so startling that he was writing them to request that some of the information be declassified, out of what Grassley said was “fairness to Flynn.” For reasons yet unknown, Grassley’s request was denied.
Now, Solomon’s source appears to have revealed the contents of at least some of that DIA briefing that the Senate Judiciary Committee received in May 2017. Solomon writes:
“Were the information Grassley requested made public, America would have learned this, according to my sources:
“Before Flynn made his infamous December 2015 trip to Moscow—as a retired general and then-adviser to Donald Trump’s presidential campaign—he alerted his former employer, the DIA.
“He then attended a ‘defensive’ or ‘protective’ briefing before he ever sat alongside Russian President Vladimir Putin at the Russia Today (RT) dinner, or before he talked with then-Russian Ambassador Sergey Kislyak.
“The briefing educated and sensitized Flynn to possible efforts by his Russian host to compromise the former high-ranking defense official and prepared him for conversations in which he could potentially extract intelligence for U.S. agencies, such as the DIA.
“When Flynn returned from Moscow, he spent time briefing intelligence officials on what he learned during the Moscow contacts. Between two and nine intelligence officials attended the various meetings with Flynn about the RT event, and the information was moderately useful, about what one would expect from a public event, according to my sources.”
For more than three years, the narrative that the mainstream media has promoted about Flynn is that of a disgruntled former military intelligence official angry, about being fired by Obama, who decided to abandon his principles by selling his expertise to the highest bidders. This became a key piece of the narrative that members of the Trump campaign had inappropriate ties with Russia.
Consider this Politico piece from 2017, titled “Pentagon: No Record of Flynn’s 2015 Russia Trip,” in which it sure looks like Flynn just surprised everybody by suddenly showing up in Russia right at Putin’s elbow without any warning whatsoever.
Members of Congress on both sides of the aisle were understandably alarmed that it seemed Flynn just showed up in Moscow, without giving anyone advance notice he was going to be there.
We now know that the DIA was at the very least was very well-informed of the fact that Flynn was headed to Russia and who he’d be meeting with. That would mean what Flynn was doing was no secret to at least one of the agencies inside the U.S. intelligence community.
This leads to the next question: What else was Flynn doing that we don’t know about yet that might drastically change the popular media narrative about him?
Consider another angle to all of this: The Senate Judiciary Committee has known about this exculpatory evidence that favors Flynn since May 2017, and the panel has been forced to sit on that because the information is currently still classified.
It’s very telling that this information didn’t leak in a year and a half.
One side in the information war surrounding the Spygate scandal leaks constantly and the other side doesn’t. The side that’s constantly leaking is the one that knows the mainstream news media is its ally in this information war. That’s why we’ve seen the Spygate plotters repeatedly engage in strategic leaking strategies, using their media fellow travelers.
I guarantee you, the other side in the information war on Spygate doesn’t view what Andrew Breitbart often called “The DNC Media Complex” as any kind of ally in this fight. Far from it. Those media outlets are viewed as the enemy, working in concert with the Spygate plotters. There is no way the good guys in this fight would leak anything to them. You don’t leak to people who have spent three years tirelessly working to advance the causes and the political narratives of the people with whom you are locked in informational combat.
This is why one side in the Spygate scandal keeps feeding leaks—which are quite often false and deliberately misleading—to the mainstream press in order to attack certain people and drive certain political narratives, while the other side remains steadfastly and resolutely silent about who they are investigating and the status of those investigations.
In fact, some of the leaks by the Spygate plotters and their enablers in recent months seem to be geared to get the guys on the other side to tip their hands and show their cards early. Thus far, the people I refer to as The Silent Professionals have rejected all such desperate gambits.
Whether inside the DOJ, the FBI, the CIA, the State Department, the DIA, or Congress itself, these people pursuing the real investigations don’t leak. Although the popular perception is that the side doing all the strategic leaking and making targeted attacks through their mainstream media sycophants is winning this fight, that’s not actually the case.
Despite their best efforts to hold onto power, all the major players in the Spygate plot have been forced out. Despite all their frantic efforts, the entire plot was exposed to public scrutiny.
The strategy of the Silent Professionals appears to me to have always had three phases to it:
1. Removal from power
2. Exposure of the plot
3. Prosecution of crimes
It isn’t the side actually winning this fight that is doing all the leaking, in attempts to stave off what’s coming. Phase Three begins this year."
Demos are going to run like rats in an attic when the light of truth shines.....
He’s literally changing his Depends every 30 minutes sharting himself at the thought of what’s to come.
Hahahaha. Jeffrey you are awesome man. Just awesome.